Key Benefits:
205. Ordinance of the Federal Minister of the Interior on the regulation of jurisdiction in the matters of service of officials and contract staff of the Federal Ministry of the Interior, the establishment of district and city police commentants and the Transfer of matters to federal police directorates, district and city police commentaries and the State Police Command Vienna (Service Law, Staff Regulations and Transfer Regulation 2005-DPÜ-VO 2005)
Pursuant to Section 2 of the Act on the Law of the Law 1984 (DVG), Federal Law Gazette (BGBl). No. 29, as last amended by the Federal Law BGBl. I n ° 119/2002, Section 2e of the Contract Law Act 1948 (VBG), Federal Law Gazette (BGBl). N ° 86, as last amended by the Federal Law BGBl. I n ° 176/2004, as well as § § 7 (4a) and 10 Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 151/2004, shall be ordered:
§ 1. Subordinate departments according to § 2 (2), second sentence, DVG (service authorities I. instance) and pursuant to § 2e paragraph 1 second sentence VBG (personnel posts), which according to their organization and personnel occupation for the implementation of the service rights matters The following are suitable:
| 1. |
the security directorates for the area of that authority and the federal police directorates under them, unless otherwise specified in the following: |
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| 2. |
the State Police Commons, with the exception of the Landespolice kommandos Wien, unless otherwise specified in the following, |
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| 3. |
the Traiskirchen educational centre for all the education centres set up in the Federal Ministry of the Interior, |
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| 4. |
the Federal Asylate Office. |
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§ 2. (1) The Federal Police Directorates, with the exception of the Federal Police Directorate Vienna, shall be responsible for all matters of service as a service authority in accordance with Section 7 (4a) of the SPG (§ 2 para. 2 DVG) and in accordance with § 2e para. 1 second sentence VBG (personnel posts) the staff members, other than the police director, who are members of the staff responsible for self-employed errands, except for the following matters:
| 1. |
retirees, |
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| 2. |
Transfers in accordance with § 38 BDG, |
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| 3. |
Service departments, where they are modest, |
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| 4. |
Determination of the inadmissibility of the exercise of secondary employment, |
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| 5. |
Noting, in a modest or by means of service, that compliance with a service order is one of the official duties of the staff member, provided that the service contract comes from a competent authority of the Federal Police Directorate, |
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| 6. |
Concerns of advances and aid for money, |
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| 7. |
Job ratings. |
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(2) The Federal Police Directorates shall, in accordance with the advisability and economic efficiency, serve the purpose of carrying out the affairs of the security directorates for these purposes, as delegated to them pursuant to paragraph 1 above. Organizational units.
§ 3. (1) In accordance with Section 10 (4) of the SPG, the State Police Command Vienna shall become a service authority I. Instance (Section 2 (2) DVG) and, in accordance with Section 2e (1), second sentence, VBG (staff posts) of the staff members who are members of the State Police Command (with Exception of the provincial police commander) for self-employed concern with the exception of the following matters:
| 1. |
retirees, |
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| 2. |
Transfers in accordance with § 38 BDG, |
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| 3. |
Service departments, where they are modest, |
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| 4. |
Changes in the use of the system, in so far as they are modest, |
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| 5. |
Determination of the inadmissibility of the exercise of secondary employment, |
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| 6. |
Noting that the assignment of a service order is one of the official duties of the staff member, provided that the service contract comes from a superordinate authority of the State Police Command, |
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| 7. |
provisional suspension, |
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| 8. |
Concerns of advances and aid for money, |
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| 9. |
job ratings, |
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| 10. |
Ancillary activities as well as the assessment of their remuneration, insofar as they are modest. |
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(2) In accordance with Section 10 (4) of the SPG, the Vienna State Police Command shall also transfer the following matters:
| 1. |
planning and defining the infrastructure required for the body of the body, such as accommodation, telecommunications or computer-based services; |
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| 2. |
Planning and definition of equipment requirements, such as for motor vehicles, weapons, deployment technology, uniformity or equipment for all organisational units and services of the guard body, |
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| 3. |
Control of the entire resource use, such as in particular the assignment to all departments and organisational units of the guard body in accordance with requirements. |
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(3) The Vienna State Police Command shall, in accordance with the advisability and cost-effectiveness, serve the purpose of carrying out the affairs of the Federal Police Directorate Vienna for these purposes pursuant to paragraphs 1 and 2 of this article. Organizational units.
§ 4. (1) The District Police Command and the City Police Command except in the area of the State Police Command Vienna shall be subject to the Service Act procedure (§ 9 paragraph 5 DVG) in accordance with § 10 Section 4 of the SPG in conjunction with § 3 DVV following matters transfer:
| 1. |
Approval of the consumption of recreational vacations, with the exception of anticipation for future holiday claims, |
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| 2. |
Granting special vacations for up to seven calendar days, |
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| 3. |
Revocation of recreational holidays within the Federal Republic of Germany, |
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| 4. |
Grant of service exemption for the duration of a stay or for the duration of the accommodation in a genesungsheim, |
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| 5. |
preliminary suspension. |
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| In matters of provisional suspension (§ 112 BDG), the district police forces and the municipal police forces act as service authorities (§ 97 BDG). |
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(2) In accordance with Section 10 (4) of the SPG, the following further matters relating to the internal service shall be transferred to the district police and the municipal police forces, except in the area of the State Police Command Vienna:
| 1. |
the organisation and management of the general strip and surveillance service in the local area of activity of the district and/or City Police Commandos, excluding basic organisational matters, |
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| 2. |
on the basis of official orders or other delegated tasks, the implementation of priority and special operations as well as other surveillance measures, provided that they relate to the local area of activity of the district or Restrict urban police commands and do not have a national significance, |
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| 3. |
the drawing up of service plans, adapted to regional circumstances, the associated arrangement of multiservice services, and the verification of the same with regard to the rules in force; |
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| 4. |
the participation in the training and further training of the district or City Police Command subordinated staff, |
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| 5. |
the treatment of complaints and other submissions to the city or District Police Offices, officials of the district or concern the city and raise the level of service supervision, |
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| 6. |
the collection of the circumstances of the exercise of direct force in accordance with the Weapons Use Act in 1969, BGBl. No 149, by the executive staff of the local area of competence, and by the adoption of the necessary measures for the provision of services, |
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| 7. |
the allocation of service vehicles, other means of use and equipment within the district, the city, |
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| 8. |
the allocation of officials within the district for a maximum period of 90 days in a calendar year, with the exception of the release of the case, |
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| 9. |
consent to the allocation of subjects to the staff subordinated, |
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| 10. |
human resources administration, |
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| 11. |
the following matters relating to the subject-matter: |
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| a) |
Purchase of low-quality materials and consumables, as well as the award of orders for urgent repairs, |
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| b) |
the management of the paying agency, where such is set up, |
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| 12. |
other economic administrative matters. |
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| Decisions pursuant to paragraphs 1, Z 2, 4 and 5 as well as (2) Z 7 and 8 are to be reported immediately to the State Police Command. |
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§ 5. In accordance with Section 10 (4) of the SPG in connection with Section 2e (3) of the VBG, the following matters shall be transferred to the District Police Commons and the Municipal Police Commons in the area of the Landespolice kommandos Vienna:
| 1. |
Approval of the consumption of recreational vacations, with the exception of anticipation for future holiday claims, |
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| 2. |
Granting special vacations for up to seven calendar days, |
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| 3. |
Revocation of recreational holidays within the Federal Republic of Germany, |
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| 4. |
Provision of service exemption for the duration of a stay or for the duration of the accommodation in a genesungsheim. |
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§ 6. A city police command will be set up in the local area of action of each federal police department, with the exception of the Federal Police Directorate Vienna. A district or city police command will be set up in the local area of activity of each district administrative authority.
§ 7. The gender-specific terms and designations used in this Regulation shall apply equally to female and male staff.
§ 8. (1) This Regulation shall enter into force on 1 July 2005.
(2) At the same time, the Regulation of the Federal Minister of the Interior on the regulation of competence in the matters of service of officials and contract staff of the Federal Ministry of the Interior (duty procedure-and German Personnel Ordinance-BMI 2003-DVPV-BMI 2003), BGBl. No. II No 609/2003, and the Regulation of the Federal Minister of the Interior on matters relating to the internal service of the district health authorities (Ordination-BGK-VO), BGBl. No 268/1993, except for force.
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